Nuclear Safety and Control Act (S.C. 1997, c. 9)

Marginal note:Burden of proof

65.15 If the facts of a violation are reviewed under section 65.13 or 65.14, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

Responsibility

Marginal note:Payment

65.16 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

65.17 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debts to Her Majesty

• 65.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Limitation or prescription period

  (2) No proceedings to recover the debt shall be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 65.19 (1) The Commission may issue a certificate certifying the unpaid amount of any debt referred to in subsection 65.18(1).

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Admissibility of documents

65.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 65.05(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication

65.21 The Commission may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

General

Marginal note:Oath or affirmation of fidelity and secrecy

66 Every member, every officer and employee of the Commission and every person acting on behalf or under the direction of the Commission shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits the following oath or affirmation of fidelity and secrecy:

I, .........., do solemnly swear (or affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member (or officer or employee or person acting on behalf or under the direction, as the case may be), of the Canadian Nuclear Safety Commission.

I further solemnly swear (or affirm) that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Commission nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the Commission and relating to its business.

Marginal note:Application of Financial Administration Act

67 Subject to this Act and the regulations, the Financial Administration Act applies in respect of the Commission.

Marginal note:Expenses

68 The Commission may expend, administer, use or dispose of any money or other property acquired by gift, bequest, donation and the like, subject to the terms, if any, on which the money or other property was given, bequeathed, donated or otherwise made available to the Commission.

Marginal note:Audit

68.1 The accounts and financial transactions of the Commission shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Commission and to the Minister.

Marginal note:Non-application of Statutory Instruments Act

69 A decision or order made under this Act, other than an order made under section 19, is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Unpaid fees

70 The amount of any fee imposed on a person under this Act and any interest thereon is a debt due to Her Majesty in right of Canada and may be recovered as such from the person on whom it was imposed in any court of competent jurisdiction.

Marginal note:Works and undertakings

71 Any work or undertaking constructed for the development, production or use of nuclear energy or for the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession or use of a nuclear substance or for the production, possession or use of prescribed equipment or prescribed information is declared to be a work or undertaking for the general advantage of Canada.

Marginal note:Annual report

72 The Commission shall, within four months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after receiving it.

Transitional Provisions

Marginal note:Definitions

73 The definitions in this section apply in this section and sections 74 to 80.

Board

Board means the Atomic Energy Control Board established by section 3 of the Atomic Energy Control Act, as that section read immediately before the commencement day. (ancienne commission)

commencement day

commencement day means the day on which this Act comes into force. (date d’entrée en vigueur)

Marginal note:Board dissolved

74 The Board is hereby dissolved.

Marginal note:President of Commission

75 The person who holds the office of President of the Board immediately before the commencement day continues in office as the President of the Commission for the remainder of the term for which that person was appointed President.

Marginal note:Other members of Commission

76 Each person who holds office as a member of the Board immediately before the commencement day continues in office as a member of the Commission for the remainder of the term for which the person was appointed.

Marginal note:Rights and obligations transferred

• 77 (1) All rights and property of Her Majesty in right of Canada that are under the administration and control of the Board and all obligations and liabilities of the Board are hereby transferred to the Commission.

• Marginal note:References

  (2) Every reference to the Board in a deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to the Commission.

• Marginal note:Closing out affairs

  (3) The Minister may do and perform all acts and things necessary for or incidental to closing out the affairs of the Board.

Marginal note:Commencement of legal proceedings

• 78 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board, or in the closing out of the affairs of the Board, may be brought against the Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding to which the Board is party pending in any court immediately before the commencement day may, on that day, be continued by or against the Commission in the like manner and to the same extent as it could have been continued by or against the Board.

• Marginal note:Pending proceedings

  (3) Proceedings pending before the Board immediately before the commencement day shall be taken up and continued before the Commission under and in accordance with this Act.

Marginal note:Transfer of staff

• 79 (1) Every person who, immediately before the commencement day, was an officer or employee of the Board becomes, on that day, an officer or employee, as the case may be, of the Commission.

• Marginal note:Deemed appointment

  (2) Every person to whom subsection (1) applies shall be deemed to have been appointed in accordance with subsection 16(1).

• Marginal note:No severance pay

  (3) For greater certainty, nothing in subsection (1) shall be construed as entitling any person to severance pay.

• Marginal note:Period of service

  (4) A person to whom subsection (1) applies shall be deemed, while an officer or employee of the Board, to have been employed in the Public Service for the purpose of determining the person’s entitlement to leave or any other employment benefit.

Marginal note:Licences

80 A licence that is issued pursuant to regulations made under paragraph 9(b) of the Atomic Energy Control Act and that is in force immediately before the commencement day is deemed to have been issued under section 24 of this Act and to be in force for the remainder of the period for which it was issued under the Atomic Energy Control Act and any fees paid or payable under the AECB Cost Recovery Fees Regulations, 1996 in respect of such a licence are deemed to be paid or payable, as the case may be, under this Act.

Marginal note:Certificates, etc.

81 A certificate, approval, endorsement, authorization, designation, permit or specification issued pursuant to the Atomic Energy Control Act or any regulation made under that Act is deemed to have been issued pursuant to regulations made under this Act and to be in force for the remainder of the period for which it was issued under that Act or those regulations.

82 [Repealed, 2015, c. 4, s. 126]

Consequential Amendments

83 to 105 [Amendments]

106 [Repealed, 1997, c. 9, s. 125]

107 to 123 [Amendments]

Conditional Amendments

124 [Repealed, 2005, c. 22, s. 62]

125 and 126 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*127 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 31, 2000, see SI/2000-42.]